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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110551
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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What are my chances in court in getting my restraining order

Customer Question

What are my chances in court in getting my restraining order lifted if my wife was cheating and doing drugsand I have pictures and text messages to prove that the reason she wants me out of the house is to get high and bring the guy shes cheating with into my home with my children seeing this crying to me everyday that he keeps sneaking in at night and in the bed with mommy while we are still married
Submitted: 3 years ago.
Category: Family Law
Expert:  LawHelpNow replied 3 years ago.
Hello Jason,
What was the basis for the issuance of the order (i.e. domestic violence, etc.)?
When (approximately) was it issued?
What is the duration of the order?
Ben, J.D.
Customer: replied 3 years ago.
Its a temporary order for domestic against me for ripping her shirt but I never hit her I was just trying to get the bag of weed she stuffed in her bra but I didnt say anything to police about the weed for fear of her getting in trouble and our kids getting taken away.i was just trying to do the right thing and I got aressted on dec 18 2012,but was ror in hospital to talk to phscoligist and stayed for a few days volintary and was realeased with a paper from doctor saying I was not at risk of hurting anyone.
Expert:  LawHelpNow replied 3 years ago.
Hi again Jason,
Thanks for writing back.

I have opted out (without charge).
I truly hope all works out for you.

Take care,

Ben, J.D.

Expert:  Law Educator, Esq. replied 3 years ago.
I am so sorry to hear you are going through all of this. The situation is certainly traumatic to you, but I am sorry to say that unless she actually goes to court and asks the court to vacate the order, because there was a physical encounter, her shirt did get torn and there is no documentation supporting your account of the marijuana (sadly, if there is no police report documenting it, the courts consider that it did not happen).

While the arguments you make, if you have witnesses and evidence to support them would favor you in a divorce and custody hearing, I am afraid that they would have no impact on vacating the restraining order because there was observed physical contact from evidence of the ripped shirt. Thus, without her agreeing to the court that the order can be vacated, I am sorry but the court is not likely at all to vacate the order without that consent.

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